San Marcos council kills Highlands project

SAN MARCOS -- Plans for the controversial 190-home San Marcos
Highlands project at the north end of Las Posas Road are dead, and
the property owner said Wednesday he doesn't know what he's going
to do next.

The City Council voted 3-2 during a marathon meeting Tuesday not
to grant developer KB Home a year's extension on permits for the
project.

Council members Jim Desmond, Pia Harris-Ebert and Mike Preston
voted against the extension just before midnight, and about 40
residents stood to applaud.

More than 100 people had packed City Hall earlier in the
evening, and about 20 residents who live near the proposed project
spoke against the development because, they said, it would hurt the
character of their neighborhood.

Officials with KB Home and property owner Farouk Kubba told the
council that they had been working hard to secure the necessary
environmental permits and just needed more time.

The council originally approved a tentative map for the
Highlands project in 2002, and the council granted a year's
extension to the developer in 2004.

Kubba has been trying to build on the property for two decades,
and has been working with the latest plan since 1998. He said
Wednesday it was a long drive home to Costa Mesa after the
council's decision.

"It's really frustrating because seven years of hard work just
went down the tube," Kubba said. "I have not decided what to do
next, and I really got to spend some time thinking about it."

Kubba said he is not going to just retry the same plan, even
though he said the project was only about three or four months away
from securing all of the necessary environmental permits.

A city plan for the area still calls for more than 230 homes,
but to proceed with a new project, a new map and environmental
studies would have to be done.

"Maybe we should have worked with the residents more," Kubba
said. "But we didn't know there was such resistance until a couple
of weeks ago."

Kubba said that some residents always had concerns about the
project harming Agua Hedionda Creek and a local wildlife
corridor.

But recently many residents of the Santa Fe Hills community
opposed the project because they felt it would lead to the
extension of Las Posas Road to Buena Creek Road, Kubba said.

He said that no matter whether 190 homes or 50 homes are built
on the property, Las Posas has to be extended to serve the
development. But he reiterated he has no intention of connecting
Las Posas with Buena Creek, and said that is an issue the city
needs to work out with the residents.

City Manager Rick Gittings said the road extension is still on
the city's circulation plan, and any project on Kubba's property
would have to extend the road to serve the development.

Gittings said Kubba has the challenge of creating a project that
satisfies the environmental agencies, community and the
council.

Council members Desmond and Harris-Ebert said Tuesday they voted
to deny the extension because the developer had plenty of time to
secure the necessary permits.

Councilman Preston, who voted for the extension in 2004, said he
didn't approve another extension because the developer failed to
work with the community on creating an acceptable project.

The decision Tuesday was the first time the council had denied
such an extension, said John Nabors, a local consultant working for
Kubba.

"I wouldn't trust a couple of the city councilmen anymore
because I don't think they understand the development process,"
Nabors said. "The ironic part is the neighborhood threw up all
these roadblocks with the environmental agencies and actually
slowed the project down.

"It's a bad sign they can simply oppose something until the
developer runs out of time."

Sandra Farrell, who lives near the project and who has long
opposed it, said Wednesday that the decision was "a relief."

"We are obviously pleased they denied the map," Farrell said. "I
feel sad for Mr. Kubba because he is a nice guy and I don't fault
him. Hopefully, we can now find a solution that works for
everyone."

Farrell said she wants city officials, county officials and the
community to develop a new plan for the area.

"We need to find a project that works on the site, or the public
needs to find a way to buy the property so it will be preserved,"
Farrell said. "It's not fair for Mr. Kubba to just donate his
property."